Arden Group, Inc., dba Gelson’s Market; Zurich North America Jose Chavez Chaidez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE CHAVEZ CHAIDEZ, Applicant,vs. ARDEN GROUP, INC., dba GELSON’S MARKET; ZURICH NORTH AMERICA, Defendants.Case No. ADJ7298580 (Van Nuys District Office)ORDER DENYING RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration. We are, moreover, extending to the WCJ’s finding on credibility the great weight to which it is entitled (see Garza v. Workers’ Comp. Appeals Bd. (1970) 3 Cal.3d 312, 35 Cal.Comp.Cases 500). Although applicant makes some serious assertions regarding employer-directed and recanted testimony of witnesses, there are no citations to any evidence or actual testimony, as required by WCAB Rule 10842. (Cal. Code Regs., tit. 8, § 10842, WCAB Rules of Practice and Procedure.) In addition to the WCJ’s credibility determination, applicant’s failure to comply with WCAB Rule 10842 justifies our conclusion that reconsideration should be denied.////////////////// , For the foregoing reasons, IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD_________________________________________DEIDRA E. LOWEI CONCUR,_________________________________________RONNIE G. CAPLANE_________________________________________FRANK M. BRASSDATED AND FILED AT SAN FRANCISCO, CALIFORNIAMAR 19 2013SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.JOSE CHAVEZ CHAIDEZFLETCHER BOUYERSTOCKWELL, HARRIS, WOOLVERTON & MUEHLEDD-VAN NUYSebe ADJ7298580
Jose Chavez Chaidez v. Gelson’s Market & Zurich North America
In this case, Jose Chavez Chaidez filed a petition for reconsideration against Arden Group, Inc., dba Gelson's Market and Zurich North America. The Workers' Compensation Appeals Board denied the petition for reconsideration, citing the credibility determination of the workers' compensation administrative law judge and the failure of the applicant to comply with WCAB Rule 10842.
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ7298580
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